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Recent Blog Posts
How Might My Criminal History Limit My Parenting Time?
When an Arizona court decides issues of custody and parenting time, it will take many factors into consideration, among them the criminal history of each parent. Sexual assault in particular is singled out. In 2016, Arizona joined the majority of states when it passed a law stripping parental rights from the father of a child Read More
What Are the Advantages of Chapter 13 Bankruptcy?
When you feel your debts have become insurmountable, you should know there is an alternative to filing a traditional bankruptcy — one that allows you to satisfy creditors while holding onto valuable assets, especially your home. Through a Chapter 13 filing, qualified wage earners can formulate a plan to repay a portion of their debt Read More
How the Tax Cuts and Jobs Act Affects Arizona Divorces
For the past 70 years, alimony payments have been tax deductible by the payer and taxable as income to the recipient. The Tax Cuts and Jobs Act, enacted in 2017, has altered that equation, which can be a game changer for divorcing couples trying to work out their financial arrangements. A major fallout of this Read More
Arizona Refuses to Spare Youthful Convicts From Sex Offender Registration
The Arizona legislature has killed a measure that would have allowed people who were convicted of certain sex offenses in their youth, and who have had clean records since then, to petition to be removed from the state’s mandatory registration system. The bill, HB-2613, would have applied to a person, now age 35 or older, Read More
Arizona’s Use of Roadside Blood Testing for Drugged Driving
Arizona has put into operation roadside blood testing for drugged driving. Police officers, when authorized by an “e-warrant,” can draw the blood of a motorist suspected of driving under the influence of drugs. Roadside testing comes in response to growing concerns about drugged driving that are fueled in part by the persistent opioid epidemic and Read More
Mortgage Modification Mediation in Chapter 13 Bankruptcy
The Arizona Bankruptcy Court recently signed General Order 16-2, which approves and implements an options Mortgage Modification Mediation program (“MMM”). This allows Debtors and mortgage companies to enter into mediation to enable mortgage modifications along with confirmation of Chapter 13 Bankruptcy Plans. How does MMM work? In order to start, a Debtor must have Read More
Group Life Insurance Proceeds and Bankruptcy
Recently, the U.S. District Court reversed the Bankruptcy Court’s ruling on whether A.R.S. 20-1132 provided an exemption for the surviving Debtor when their spouse had passed away after the filing of a bankruptcy. The recent ruling establishes that the statute did intend to provide an unlimited exemption in those proceeds in that Trustees are not allowed Read More
Military Clearance and Bankruptcy
A common question concerning bankruptcy is how it may affect active duty military or government workers, or employees of defense contractors. Many have security clearance, which is a mandatory portion of their employment. The guidelines can be found under Department of Defense Directive 5220.6, which covers issues related to security clearance, including financial concerns. E2.A6.1.1. Read More
Border Stops and Medical Marijuana
On the I-8, 15 miles east of Yuma, there is a United States Border Patrol checkpoint. All traffic is required to stop for inspection, and while most are a brief, one question stop, you can potentially be asked to stop for further screening. If a search of your vehicle uncovers illegal drugs, that can lead Read More
Tax Refunds and Bankruptcy
In Arizona, when you file a Chapter 7 bankruptcy, you could lose certain property or interests you own that are non-exempt. Exemptions, or things you can keep, are set primarily by Arizona Statute (A.R.S. §§33-1123 to 1126). One item that Arizona does not exempt is any tax refund that you are owed at the time Read More
